Bindesari Prasad vs State Of U.P.& Another.
2012 Latest Caselaw 1754 ALL

Citation : 2012 Latest Caselaw 1754 ALL
Judgement Date : 15 May, 2012

Allahabad High Court

Bindesari Prasad vs State Of U.P.& Another. on 15 May, 2012

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 379 of 2001
 

 
Petitioner :- Bindesari Prasad
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Abdul Fafey Siddiqui
 
Respondent Counsel :- Govt.Advocate,B.G. Tripathi
 

 
Hon'ble Ravindra Singh,J.

List is revised

Learned counsel for the respondents Sri B.G. Tripathi is not present

Heard Sri Abdul Fafey Siddiqui, learned counsel for the revisionist and perused the record.

This revision has been filed against the order dated 28.8.2001 passed by learned Judge, Family Court, Faizabad in case No. 28 of 1995 whereby the maintenance allowance has been awarded to the O.P. No. 2 at the rate of Rs. 500/- per month under section 125 Cr.P.C.

From the perusal of the record it appears that O.P. No. 2 moved an application under section 125 claiming the maintenance allowance from the revisionist. The trial court after recording the evidence come to the conclusion that O.P.No. 2 was legally wedded wife of the revisionist and she was not able to maintain herself. The revisionist was serving as a Chowkidar (peon) in Education Department and has come to the conclusion that the revisionist was under obligation to maintain his wife. Therefore, the revisionist was directed by the Judge, Family Court to pay the amount of Rs. 500/- per month to O.P. No. 2 as maintenance allowance. The learned Judge, Family Court has not committed any error in awarding the maintenance allowance to O.P. No. 2. The impugned order dated 28.8.2001 is not suffering from any illegality or irregularities. It does not require any interference by this court. Therefore, the prayer for quashing the impugned order dated 28.8.2001 is refused.

Interim order dated 20.9.2001 is hereby vacated.

Accordingly this revision is dismissed.

Let a copy of this order be communicated to learned District & Sessions Judge, Faizabad forthwith for the compliance.

Order Date :- 15.5.2012

RPD